The Business Law Reports
[2021] Bus LR 1178
Court of Appeal
Facebook Inc and another v Competition and Markets Authority
[2021] EWCA Civ 701
2021 April 28, 29; May 13
Sir Geoffrey Vos MR, Sir Julian Flaux C, Phillips LJ
Competition— Merger— Pre-reference powers— Competition and Markets Authority imposing interim enforcement order to prevent “pre-emptive action” pending decision whether to make reference in relation to completed merger— Authority refusing merged company’s request for derogations from order— Extent of authority’s power to prevent “pre-emptive action”— Applicable standard of review for authority’s decisions— Whether refusal to grant derogations rational—
Enterprise Act 2002 (c 40), s 72(2)(8)